ARBITRATION 135 sufficient, in the absence of consent by the parties, for the umpire to base his decision on the notes of the arbitrators. It is, however, a practice in commercial arbitrations—and one that the courts will uphold—for each arbitrator to state the case for his own party, and the umpire then makes his decision, which is binding upon both parties. (c) An arbitrator is appointed by each party, and the two arbitrators then straightway appoint the umpire. These three persons then consider the dispute and listen to the evidence as supplied by -witnesses. The arbitrators when appointed must either make their decision or appoint an umpire within the period of three months. After oae month the umpire must make his decision, but although, these time limits are set, they are flexible to the extent that the arbitrators and the umpire may extend their allotted time, provided they give notice of such extension in writing to the interested parties. Failure of one party to appoint an arbitrator, gives to the other party the right of appointing his own arbitrator as sole arbitrator after giving seven days' notice. Having agreed to arbitrate, the parties must be bound by the decision of the arbitrator, and should one party institute legal proceedings then the other party may make application to the court for the stay of such proceedings. The decision of an arbitrator is as binding and equally as enforceable as that of a court, and in the case of any failure by the parties to accept the ruling laid down by the arbitrator, the arbitrator may apply to the courts to up- hold his decision.